NACW v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 728

NACW v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 728

It was appropriate to dismiss the appeal because the appellant had not complied with the direction to file and serve an outline of submissions, failed to appear at the hearing on 10 July 2003, was notified of the adjourned hearing and acknowledged awareness of it, and then failed to appear again on 15 July 2003.

Jurisdiction
Australia
Judgment Date
15 July 2003
Procedural Posture
Migration Appeal Concerning Refusal of a Protection Visa / On Appeal From the Federal Magistrates Court of Australia; Appeal Listed for Hearing and Determined After Non Appearance of the Appellant
Outcome
Appeal dismissed with costs including reserved costs.
Legal Topics
['protection Visa Refusal' 'non Appearance of Party' 'dismissal of Appeal' 'adjournment' 'federal Court Rules']
['migration' 'practice and Procedure'] ['protection Visa Refusal' 'non Appearance of Party' 'dismissal of Appeal' 'adjournment' 'federal Court Rules']

Case Brief

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Procedural Posture

Migration Appeal Concerning Refusal of a Protection Visa / On Appeal From the Federal Magistrates Court of Australia; Appeal Listed for Hearing and Determined After Non Appearance of the Appellant

Legal Issues

  1. 1 ['Whether the appeal should be further adjourned after the appellant failed to appear at the hearing on 10 July 2003 and again on 15 July 2003.' "Whether the appeal should be dismissed under Order 52 r 38A of the Federal Court Rules because of the appellant's non-appearance."]

Ratio Decidendi

It was appropriate to dismiss the appeal because the appellant had not complied with the direction to file and serve an outline of submissions, failed to appear at the hearing on 10 July 2003, was notified of the adjourned hearing and acknowledged awareness of it, and then failed to appear again on 15 July 2003.

Court Disposition

Appeal dismissed with costs including reserved costs.

Orders

  • ['The appeal should be dismissed with costs.' "The respondent's solicitors are to provide the appellant with a copy of the reasons and notify the appellant of the dismissal of the appeal and of the terms of Order 58 r 38A(2)."]